Regular Session - March 29, 1999
1604
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 29, 1999
3:01 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order. I ask everyone present to
please rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, March 28, the Senate met pursuant to
adjournment. The Journal of Saturday,
March 27, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
1606
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Kuhl,
from the Committee on Education, reports:
Senate Prints 2245, by Senator
Stachowski, an act to amend the Education Law;
2754, by Senator Holland, an act to
amend the Education Law;
3257, by Senator Leibell, an act to
legalize, validate, ratify and confirm;
3268, by Senator Saland, an act to
authorize the apportionment of state building
aid;
3387, by Senator Volker, an act to
amend Chapter 198 of the laws of 1978;
3532, by Senator Farley, an act in
relation to the calculation of average daily
attendance;
4116, by the Committee on Rules, an
act to amend Chapter 45 of the laws of 1996.
All bills directly for third
reading.
THE PRESIDENT: Without
objection, all bills directed -- ordered
direct to third reading.
1607
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Kuhl?
SENATOR KUHL: Yes, Madam
President.
On behalf of Senator Meier, on
page 10 I offer the following amendments to
Calendar Number 163, Senate Print 1908A, and
ask that said bill retain its place on the
third reading calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the third reading calendar.
SENATOR KUHL: Also, Madam
President, on behalf of Senator Maltese, on
page 26 I offer the following amendments to
Calendar Number 420, Senate Print 2613, and
ask that said bill retain its place on the
third reading calendar.
THE PRESIDENT: The amendments
are received and the bill will retain its
place on the third reading calendar.
SENATOR KUHL: Also, Madam
1608
President, on behalf of Senator Nozzolio, I
wish to call his bill up, Print Number 636
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Nozzolio, Senate Print 636, an act to amend
the Penal Law.
SENATOR KUHL: Madam President, I
now move to reconsider the vote by which the
bill passed the house.
THE PRESIDENT: The Secretary
will call the roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48.
SENATOR KUHL: I offer the
following amendments.
THE PRESIDENT: The amendments
are received.
SENATOR KUHL: Thank you.
SENATOR SKELOS: Madam
President -
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: -- I believe
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there are some substitutions to be made.
THE PRESIDENT: Yes, Senator.
The Secretary will read the
substitutions.
THE SECRETARY: On page 20,
Senator Maziarz moves to discharge, from the
Committee on Health, Assembly Bill Number 6968
and substitute it for the identical third
reading, 356.
On page 27, Senator Volker moves to
discharge, from the Committee on Codes,
Assembly Bill 5203 and substitute it for the
identical third reading, 425.
On page 23, Senator Kuhl moves to
discharge, from the Committee on
Investigations, Taxation and Government
Operation, Assembly Bill Number 824 and
substitute it for the identical third reading,
383.
THE PRESIDENT: The substitutions
are ordered.
Senator Skelos?
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Environmental Conservation Committee in the
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Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Environmental
Conservation Committee in the Majority
Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1, by Senator LaValle, Senate Print S28, an
act to amend the Education Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect January 1st, the year
2000.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
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117, by Senator Larkin, Senate Print 2105A -
SENATOR PATERSON: Lay it aside.
THE SECRETARY: -- an act in
relation to the amount of the New York
State -
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
120, by Member of the Assembly Brodsky,
Assembly Print 2597, an act to amend the
General Business Law in relation to avoiding.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
159, by Senator LaValle, Senate Print 2578, an
act to amend the Education Law in relation to
mandatory continuing education.
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THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect January 1st, the year
2000.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
184, by Senator Maltese, Senate Print 2191A,
an act to amend the Penal Law in relation to
clarifying.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 1st day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1613
218, by Senator Padavan, Senate Print 1905, an
act to amend the Real Property Law in relation
to occupation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
328, by Senator Lack, Senate Print 2542, an
act to amend the Insurance Law in relation to
a guarantee.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
1614
passed.
THE SECRETARY: Calendar Number
339, by Senator Kuhl, Senate Print 1723, an
act to amend the Agriculture and Markets Law
in relation to persons exempt from certain
regulation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
356, substituted earlier today by Member of
the Assembly Clark, Assembly Print 6968, an
act to amend Chapter 81 of the laws of 1995.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
1615
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: In relation to
Calendar Number 393, Senator Holland moves to
discharge, from the Committee on Social
Service, Assembly Bill 7165 and substitute it
for the identical third reading, 393.
THE PRESIDENT: Substitution
ordered. Read the last section.
The Secretary will read.
THE SECRETARY: Calendar Number
393, by Member of the Assembly Ramirez,
Assembly Print 7165, an act to amend the
Social Services Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1616
431. In relation to Calendar Number 431,
Senator Meier moves to discharge, from the
Committee on Veterans and Military Affairs,
Assembly Print 7107 and substitute it for the
identical third reading, 431.
THE PRESIDENT: Substitution
ordered. Read the last section.
The Secretary will read.
THE SECRETARY: Calendar Number
431, by Member of the Assembly John, Assembly
Print 7107, an act to amend Section 76 of
Chapter 435 of the laws of 1997.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Madam President,
if we could take up the controversial
1617
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
117, by Senator Larkin, Senate Print 2105A, an
act in relation to the amount of the New York
State Thoroughbred Breeding and Development
Fund.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, rather than ask for an explanation,
if Senator Larkin will just yield to one
simple question and explain to me why this
bill is different from the one that we did in
committee -- I understand it's been amended -
just a brief explanation of that.
THE PRESIDENT: Senator Larkin,
do you yield?
SENATOR LARKIN: Yes.
THE PRESIDENT: Go ahead, Senator
Dollinger.
SENATOR LARKIN: Richard, what
happened is in 1998 the breeders' fund earned
$70,135 more than the cap that was set on it.
This is the money that's supposed to go back
1618
to the breeders. They had anticipated what
the maximum would have been. Instead, it came
in at $70,000 over.
And this is going back. Because it
helps the economy, it helps agriculture, it
helps the breeders. It's going to them, it's
not going into a pot of money for somebody
else.
SENATOR DOLLINGER: Again through
you, Madam President, if I could just ask one
follow-up question.
The bill we saw in committee was a
percentage, was it not? This is an exact
dollar amount, is that not correct?
SENATOR LARKIN: Yes.
SENATOR DOLLINGER: Thank you,
Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
1619
passed.
THE SECRETARY: Calendar Number
120, by Member of the Assembly Brodsky,
Assembly Print 2597, an act to amend the
General Business Law.
SENATOR DOLLINGER: Explanation.
THE PRESIDENT: Senator Lack, an
explanation has been requested.
SENATOR LACK: Thank you, Madam
President.
Senator Dollinger, this is merely a
chapter amendment to the Donnelly Act, the
bill we passed last year. It's passed the
Assembly 142 to 1.
It's a three-way-agreed-upon
amendment to conform the Donnelly Act
amendment that we passed to the wishes of the
Governor and, actually, to the sponsors. The
Governor signed the bill upon agreement that
we would propose that we would pass this
amendment.
Which merely states that where an
indirect purchaser who's sustained damages -
that the courts are required to consolidate
claims where claims by both direct and
1620
indirect purchasers have been asserted against
the defendant.
It's, as I said, a three-way
agreement amongst the houses.
SENATOR DOLLINGER: Through you,
Madam President -
THE PRESIDENT: Senator -
SENATOR DOLLINGER: -- just one
question for Senator Lack.
SENATOR LACK: Yes.
SENATOR DOLLINGER: My
understanding was that in the 1998 bill, we
instructed the courts to do everything
possible to consolidate them.
This actually tells them to
consolidate them, is that correct? Or am I
misreading that? I mean, is this -
SENATOR LACK: No, this says a
defendant shall be entitled to -- to show that
it's been passed on to others. It doesn't -
in effect doesn't require them, but it has the
same effect to do just that, by showing that
the damages have been passed on to others who
are entitled to recover, to avoid duplication
in the recovery of damages.
1621
It just, Senator, underscores what
we did and suggested last year in terms of the
bill that passed.
SENATOR DOLLINGER: Again,
through you, Madam President.
So if you're a direct-
THE PRESIDENT: Senator Lack, do
you yield?
SENATOR LACK: Yes.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DOLLINGER: I apologize,
Madam President.
So if you're a direct purchaser and
you pass the cost on, you have no claim? It's
those people who in essence have paid the
extra cost; is that correct?
SENATOR LACK: No. No, Senator,
that's not correct. It is nothing that
functions so directly.
All this simply says, that -- is,
Madam President, in actions where both direct
and indirect purchasers are involved, a
defendant shall be entitled to prove as a
partial or complete defense to a claim that
1622
the illegal overcharge has been passed on to
others who are themselves entitled to recover.
SENATOR DOLLINGER: Thank you,
Madam President.
Explanation satisfactory.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Is there any
housekeeping at the desk?
(Pause.)
THE PRESIDENT: The Senate is
standing in waiting, Senator Skelos.
SENATOR SKELOS: Would you please
recognize Senator Paterson?
SENATOR PATERSON: Madam
President, I would like -
1623
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: -- I would
like the desk to be aware that, according to
the U.S. Naval Observatory master clock, the
Senate clock is two minutes slow.
(Laughter.)
SENATOR PATERSON: Thank you.
SENATOR SKELOS: Madam President,
that's so the Minority can catch up to the
Majority.
(Laughter.)
THE PRESIDENT: Thank you for
that clarification.
The Senate is still standing at
ease, Senators.
(Pause.)
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos?
SENATOR SKELOS: If we could
return to reports of standing committees, I
believe there's a report of the Environmental
Conservation Committee at the desk. I ask
that it be read.
THE PRESIDENT: Reports of
standing committees. The Secretary will read.
1624
THE SECRETARY: Senator
Marcellino, from the Committee on
Environmental Conservation, reports:
Senate Print 2973B, by Senator
Marchi, an act to amend Chapter 395 of the
laws of 1978, and Senate Print 4151, by
Senator Marcellino, an act to repeal Title 17
of Article 23 of the Environmental
Conservation Law.
Both bills directly for third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping?
THE PRESIDENT: No, there is not,
Senator.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Tuesday, March 30th, at 3:00 p.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday,
March 30th, 3:00 p.m.
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(Whereupon, at 3:17 p.m., the
Senate adjourned.)